Question 1

Each of the following methods is used to invoke courts' regulation of the regulators EXCEPT ______.
A) partial preemption
B) tort action
C) class-action suits
D) assuming the roles of private attorneys general

Accepted Answer

Partial preemption does not involve invoking courts' regulation of the regulators. It refers to a situation where federal law partially preempts state law, meaning that federal law takes precedence over state law in certain areas while leaving other areas under state control. The other options listed (tort action, class-action suits, assuming the roles of private attorneys general) are all methods for individuals or groups to hold government regulators accountable through the court system.

Question 2

In addition to regulating autonomously, state and local governments ______.
A) are not subject to partial preemption
B) cannot administer federal programs
C) can administer national regulatory programs
D) are not subject to congressional authority

Accepted Answer

State and local governments can administer national regulatory programs in addition to regulating autonomously. However, they are subject to congressional authority and partial preemption, which means that federal laws can limit state and local regulations in certain areas. They can also administer federal programs, but their role may be limited by federal regulations and funding requirements.

Question 3

Regulatory administration revolves around all of the following main values EXCEPT ______.
A) sound decisions
B) procedural fairness
C) cost reductions
D) policy achievement

Accepted Answer

Regulatory administration is primarily concerned with making sound decisions, ensuring procedural fairness, and achieving policy goals. Cost reduction is not a main value of regulatory administration, although it can be a consideration in implementing regulatory policies.

Question 4

Antitrust laws are designed to ______.
A) promote safety
B) prevent monopolies and unfair methods of competition
C) assure quality of consumer products
D) prohibit discrimination

Accepted Answer

Antitrust laws are specifically designed to prevent the growth of monopolies and to curb unfair business practices that could put smaller businesses at a disadvantage. While safety, product quality, and discrimination may all be important issues, they are not the primary focus of antitrust laws.

Question 5

Courts regulate the regulators in each of the following ways EXCEPT ______.
A) by arbitrating appeals from agency rules and specific decisions
B) by issuing orders requiring companies to comply with agency rules
C) by offering free legal counsel to companies sued by government agencies
D) in suits filed against agencies that require the issuance of implied statutes

Accepted Answer

Courts do not offer free legal counsel to companies sued by government agencies. The other options are examples of how courts regulate the regulators.

Question 6

Which two constitutional amendments, along with a body of case law, frame government regulation and describe the procedure by which government officials should follow to administer regulations?
A) the Fourth and Sixteenth Amendments
B) the Fifth and Fourteenth Amendments
C) the First and Nineteenth Amendments
D) the Thirteenth and Tenth Amendments

Accepted Answer

The Fifth and Fourteenth Amendments provide due process protections for individuals against arbitrary government action, including in the administration of regulations. Additionally, there is a body of case law, including Chevron v. Natural Resources Defense Council and State Farm v. Campbell, that describes the procedure by which government officials should follow to administer regulations.

Question 7

Which of the following terms refers to one of two basic regulatory approaches used by administrative agencies wherein public managers write regulations that apply to all persons and organizations meeting certain guidelines?
A) administrative rulemaking
B) adjudication
C) performance management
D) management by objectives

Accepted Answer

Administrative rulemaking refers to the process by which public managers write regulations that apply to all persons and organizations meeting certain guidelines. Adjudication is another regulatory approach, but it involves resolving disputes through a quasi-judicial process rather than creating rules that apply to everyone. Performance management and management by objectives are management approaches, but they do not specifically pertain to regulation.

Question 8

In the past fifty years, which two presidential administrations have been most in favor of using cost-benefit analysis in an attempt to reduce government regulations?
A) the Reagan and Bush administrations
B) the Clinton and Obama administrations
C) the Ford and Kennedy administrations
D) the Carter and Nixon administrations

Accepted Answer

The Reagan administration, which served from 1981 to 1989, emphasized the importance of reducing government regulations and implemented a policy of using cost-benefit analysis to evaluate regulations. The Bush administration, which served from 2001 to 2009, also adopted a similar approach and continued to prioritize the use of cost-benefit analysis in regulatory decision-making. Clinton and Obama both sought to increase social and environmental regulation, while Ford and Kennedy did not prioritize cost-benefit analysis in regulatory decision-making. The Carter administration did use cost-benefit analysis but not to the same extent as Reagan and Bush.

Question 9

Especially since the ______, presidents have been working hard to exert greater control over government regulation.
A) Carter administration
B) Reagan administration
C) Ford administration
D) Nixon administration

Accepted Answer

During the Reagan administration in the 1980s, there was a push for deregulation and reducing the size of government. This included efforts to exert greater control over government regulation. While other administrations have also worked toward greater control over regulation, the Reagan administration is widely recognized as a major proponent of this approach.

Question 10

Unlike economic regulation, social regulation tends to lodge primary responsibility in ______.
A) department bureaus or independent agencies rather than independent commissions
B) independent commissions rather than department bureaus or independent agencies
C) state and local agencies rather than federal agencies
D) federal bureaus rather than state and local agencies

Accepted Answer

Social regulation typically involves department bureaus or independent agencies, which are more directly accountable to the executive branch, rather than independent commissions that are often used for economic regulation.

Question 11

The three main values that are the basis for regulatory administration are ______.
A) procedural fairness, efficiency, and policy achievement
B) procedural fairness, sound decisions, and efficiency
C) procedural fairness, sound decisions, and policy achievement
D) sound decisions, policy achievement, and efficiency

Accepted Answer

Procedural fairness is important in regulatory administration to ensure that the process is transparent and unbiased. Sound decisions refer to the need for decisions to be based on accurate information and sound reasoning. Policy achievement is important because regulatory administration is ultimately aimed at achieving policy objectives. Therefore, the three main values that are the basis for regulatory administration are procedural fairness, sound decisions, and policy achievement. Efficiency is also important, but it is not one of the three main values.

Question 12

In pursuing the objectives of government regulation, which of the following three features are central?
A) class action suits, cost reductions, and delegation of legislative power
B) tort action, cost-benefit analysis, and procedural fairness
C) deregulation, regulatory action, and tort action
D) adequacy of resources, regulatory procedure, and delegation of legislative power

Accepted Answer

The central features of government regulation include ensuring the adequacy of resources to enforce regulations, establishing clear regulatory procedures, and delegating legislative power to appropriate agencies to implement and enforce regulations effectively.

Question 13

Government regulation can be broken down into which two overarching types?
A) economic and moral
B) social and economic
C) federal and state
D) federal and local

Accepted Answer

Government regulation can generally be categorized into social regulations that aim to protect public safety, health, and welfare, and economic regulations that aim to regulate markets or industries.

Question 14

In 1998, a class-action suit awarded an estimated $246 billion to ______.
A) the National Wildlife Federation
B) the tobacco companies at the expense of the states
C) citizens affected by the herbicide Agent Orange
D) the states at the expense of the tobacco companies

Accepted Answer

The class-action suit in 1998 awarded an estimated $246 billion to the states at the expense of the tobacco companies.

Question 15

The text argues that U.S.government regulation has been occurring since ______.
A) 1789
B) the passage of the Nineteenth Amendment
C) the Civil War
D) the civil rights movement of the 1960s

Accepted Answer

The text mentions that U.S. government regulation has been occurring since the founding of the country in 1789.

Question 16

In addition to administering national regulatory programs, state and local governments can regulate ______.
A) only under statutory mandates
B) only with federal involvement
C) only with partial preemption
D) autonomously

Accepted Answer

State and local governments have the ability to regulate autonomously in areas not specifically addressed by federal law. This is known as the police power of the state, which allows states to regulate in the interest of public health, safety, and welfare. However, state and local regulation cannot conflict with federal law or be preempted by federal law in certain areas.

Question 17

The two major methods used to determine whether to implement regulation are ______.
A) partial preemption and private attorneys general
B) risk assessment and partial preemption
C) partial preemption and tort action
D) risk assessment and cost-benefit analysis

Accepted Answer

Risk assessment and cost-benefit analysis are the two major methods used to determine whether to implement regulation. Risk assessment helps evaluate the potential harm or damage that could be caused by a particular activity, while cost-benefit analysis looks at the costs and benefits of implementing regulation. Together, these two methods can help policymakers make informed decisions about whether regulation is necessary and what form it should take.

Question 18

Regulation has been a power vested in the U.S.government since ______.
A) the Constitution of 1789
B) World War II
C) the ratification of the Bill of Rights
D) the passage of the Fourteenth Amendment

Accepted Answer

The power of regulation has been present since the establishment of the U.S. government with the ratification of the Constitution in 1789. The Constitution grants the federal government the authority to regulate commerce among the states, establish uniform bankruptcy laws, establish a national currency, and to establish post offices and post roads, among other powers.

Question 19

In contrast to government agencies that develop agendas of priorities to bring about certain goals, the role of the courts in the regulatory system is largely passive, because ______.
A) they depend on other parties to bring cases before them and rule on those cases
B) they depend on other parties to bring many cases to a single court in order to focus on many cases at the same time
C) they depend on individuals to act as private attorneys general
D) they depend on organizations to act as private attorneys general

Accepted Answer

The courts do not have the power to develop agendas or set priorities like government agencies do. The role of the courts is largely limited to ruling on cases that are brought before them by individuals, organizations, or government agencies. This means that the courts are dependent on others to bring cases before them and rule on those cases. Therefore, the correct answer is A.

Question 20

When administrative agencies use adjudication, they ______.
A) bring a case before a federal judge
B) set forth broad standards to apply to all persons and organizations meeting certain guidelines
C) bring a case before an administrative law judge
D) lobby the president for more funding

Accepted Answer

Administrative agencies use adjudication by bringing a case before an administrative law judge, who has the authority to make a decision on the matter.

Quiz 13: Regulation and the Courts

Each of the following methods is used to invoke courts' regulation of the regulators EXCEPT ______.

In addition to regulating autonomously, state and local governments ______.

Regulatory administration revolves around all of the following main values EXCEPT ______.

Antitrust laws are designed to ______.

Courts regulate the regulators in each of the following ways EXCEPT ______.

Which two constitutional amendments, along with a body of case law, frame government regulation and describe the procedure by which government officials should follow to administer regulations?

Which of the following terms refers to one of two basic regulatory approaches used by administrative agencies wherein public managers write regulations that apply to all persons and organizations meeting certain guidelines?

In the past fifty years, which two presidential administrations have been most in favor of using cost-benefit analysis in an attempt to reduce government regulations?

Especially since the ______, presidents have been working hard to exert greater control over government regulation.

Unlike economic regulation, social regulation tends to lodge primary responsibility in ______.

The three main values that are the basis for regulatory administration are ______.

In pursuing the objectives of government regulation, which of the following three features are central?

Government regulation can be broken down into which two overarching types?

In 1998, a class-action suit awarded an estimated $246 billion to ______.

The text argues that U.S.government regulation has been occurring since ______.

In addition to administering national regulatory programs, state and local governments can regulate ______.

The two major methods used to determine whether to implement regulation are ______.

Regulation has been a power vested in the U.S.government since ______.

In contrast to government agencies that develop agendas of priorities to bring about certain goals, the role of the courts in the regulatory system is largely passive, because ______.

When administrative agencies use adjudication, they ______.